Asbestos In the Workplace
The harmful effects of asbestos in the workplace in the building sector have long been known. The presence of asbestos can lead to life threatening diseases such as mesothelioma, lung cancer, asbestosis, and other health issues. Asbestos was, until the dangers became known, widely used in building materials and various other applications until the 1980s and were eventually banned in 1999.
Though no longer used in construction work, asbestos remains a feature in thousands of buildings, and in many instances its presence is unknown until demolition or maintenance work is conducted.
In view of the inherent danger to employees being exposed to asbestos, it is essential that, where the presence of asbestos is identified, companies and individuals conduct thorough risk assessments and implement all appropriate safety measures required by statute.
Navigating the complexities of demolition work where asbestos may be present requires a thorough understanding of the relevant law.
In a recent case, KANGS represented a company carrying out demolition work in an environment where the likelihood of encountering asbestos was very high. The company had to adhere to the stringent statutory obligations.
John Veale of KANGS comments on the relevant law.
Health and Safety at Work etc Act 1974 ('the Act')
The Act, which establishes the framework for ensuring workplace safety, states:
Section 2 (1)
'It shall be the duty of every employer to ensure so far as is reasonably practicable, the health, safety and welfare at work of all his employees'.
Section 3 (1)
'It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health and safety'.
The Control of Asbestos Regulations 2012 ('the Regulations')
The ‘Regulations’ covers a raft of situations in relation to exposure to asbestos in the workplace, but those applying to demolition work include:
Regulation 5 Identification of the presence of asbestos
1) An employer must not undertake work in demolition, maintenance or any other work which exposes or is liable to expose employees of that employer to asbestos in respect of any premises unless either—
a) that employer has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises; or
b) if there is doubt as to whether asbestos is present in those premises, that employer—
i) assumes that asbestos is present, and that it is not chrysotile alone, and
ii) observes the applicable provisions of these Regulations.
Regulation 10 Information, instruction and training
Requires that employers must ensure that employees are given appropriate information, instruction, and training to employees who may be exposed to asbestos in the workplace. This includes ensuring that all workers understand the health risks associated with asbestos, the precautions necessary to prevent exposure, and how to use protective equipment properly.
The training must be relevant to the worker's role and updated regularly to reflect any changes in risk or work practices. Additionally, the Regulation requires that information be provided in a way that is easily understood by all employees, ensuring they are fully informed of their responsibilities and the risks involved in handling asbestos.
Regulation 16 Duty to prevent or reduce the spread of asbestos
'Every employer must prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under the employer's control is carried out'.
Additional obligations are imposed on employers by The Construction (Design and Management) Regulations 2015, necessitating the proper planning and monitoring of health and safety risks on building and demolition sites.
Consequences of Breach of the Act or Regulations
Any breach of the Health and Safety at Work etc Act 1974, including that in relation to asbestos control, can result in serious criminal and financial repercussions. The Health and Safety Executive (HSE) has the authority to prosecute companies and directors, with convictions potentially leading to substantial fines and up to two years imprisonment.
Fines imposed on a company are based on its turnover whilst those on individuals, according to income. Additionally, the Courts may also order remediation, such as site clean-up, which will involve incurrence of significant costs.
Who Can I Contact for Advice & Help?
The Health and Safety Executive (HSE) conduct investigations and instigate prosecutions for breaches of the act and regulations. If you are approached by the HSE you should immediately seek professional advice. The law governing the handling of asbestos is complicated and the consequences of breach can be very serious.
Our role is to provide you with expert legal guidance through investigations and charges, offering representation in court, negotiating settlements and addressing any violation. Our goal is to minimise penalties and protect your company's reputation.
If you need legal advice or assistance, we are here to help, please do not hesitate to reach out using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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